Legal Opinion

Mitchell v. Interbay Funding, LLC

Court of Appeals of Georgia

Decided May 11, 2006No. A06A0630PublishedCited by 4 opinions

1Opinion of the Court

Ruffin, Chief Judge.

Following a nonjudicial foreclosure sale, Interbay Funding, LLC (“Interbay”) filed a dispossessory action against Samuel and Susan Mitchell (“the Mitchells”). The Mitchells counterclaimed for wrongful foreclosure. Interbay subsequently moved for summary judgment on the counterclaim. The trial court granted the motion, and the Mitch-ells appeal. We affirm.

“ ‘To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in [a] light most favorable to the nonmoving party, warrant…

2Cases cited4 opinions

  1. Marsh v. BerensSupreme Court of Georgia · 1976
  2. Hill v. FilsoofCourt of Appeals of Georgia · 2005
  3. Grebel v. PrinceCourt of Appeals of Georgia · 1998
  4. Harpe v. StoneSupreme Court of Georgia · 1956

3Cited by4 opinions

  1. Stevenson v. RayCourt of Appeals of Georgia · 2006
  2. Jamie Rourk v. Bank of America National AssociationCourt of Appeals for the Eleventh Circuit · 2014
  3. Oconee Federal Savings and Loan Association v. Kenneth A. BrownCourt of Appeals of Georgia · 2019
  4. PHEA v. WELLS FARGO HOME MORTGAGEDistrict Court, M.D. Georgia · 2025

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